The Enid News and Eagle, Enid, OK

Local news

July 11, 2013

Aline man gets 10 years for soliciting sex with a minor

ENID, Okla. — A 24-year-old Aline man was sentenced to 10 years in prison and 10 years of probation Thursday, after pleading guilty in May to four counts of soliciting sexual conduct or communication with a minor by use of technology.

Devon Glen Montgomery was taken into custody following his sentencing hearing before District Judge Paul Woodward.

After hearing testimony from Montgomery’s mother and argument from the prosecution and counsel, Woodward spoke briefly before handing down the sentence.

“I find this charge to be a serious charge,” he said. “I think my job as a judge is to protect society, especially children.”

Montgomery was given two 10-year prison sentences on the first two counts, with the second to run concurrently to the first. He also was given two suspended 10-year sentences to run consecutively to the prison time.

He also was ordered to pay court costs, contribute to the victim’s compensation fund and follow special rules for sex offenders following his release. Montgomery was given credit for 27 days time served, but because of the nature of  his crime he must serve 85 percent of his sentence before being considered for early release.

Montgomery was arrested last summer after posting an online ad seeking sex in the Enid area, and specifying “any age don’t matter to me.”

Enid Police Department Sgt. Dustin Albright responded to the ad June 21, 2012, posing as a 13-year-old girl. He and Montgomery continued to correspond, with Montgomery believing the detective was a minor, on June 22, 26 and 27 last year, according to an affidavit filed in the case.

Montgomery discusses specific sexual acts and also arranged to meet at a hotel in Enid during one conversation, according to the affidavit.

Sgt. Tim Jacobi conducted a traffic stop at about 9:40 a.m. June 27, 2012, on Montgomery’s vehicle. Police obtained a search warrant for the vehicle and found a box of condoms that were purchased from an Enid convenience store that morning.

During an interview with Albright, Montgomery admitted to being the one he was talking to, according to the affidavit. Montgomery also admitted to planning to come to Enid to pick up a 13-year-old girl and have sex with her.

Assistant District Attorney Hope Bryant had asked the court for Montgomery to serve 10 years in prison and 20 years on probation.

She said his actions leading up to his arrest show what his intentions were for the girl he believed he was communicating with.

“He is a sexual predator of children,” she said. “He is a danger to this community and children.”

Montgomery’s attorney, Robert Faulk, told the court his client acknowledged the seriousness of the crime, but was not actually speaking to a child.

“We need to put this in perspective,” Faulk said. “I’m not condoning this behavior, not by any means, but we’ve put people in prison for 10 years for actually touching a child.”

He said Montgomery was a loving father whose child and fiancée depend upon.

“He has a good job, he pays taxes,” Faulk said. “He’s a good father, good son to his family, an upstanding member of the community.”

Montgomery also has two pending charges in Major County of felony lewd or indecent proposals to a child.

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